Page:The New International Encyclopædia 1st ed. v. 15.djvu/436

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PARLIAMENTARY LAW.
379
PARLIAMENTARY LAW.

be made while another member has the floor. It cannot be debated, amended, or have any other subsidiary motion applied to it. Whenever objection is raised to the consideration of a motion the chairman states the question, “Shall the question be considered?” Unless an affirmative vote of a two-thirds majority is secured, further consideration for the remainder of the session is ended, otherwise the discussion continues as though objection had never been raised. The purpose of this motion is not to cut off debate, but to avoid the discussion of any question which may seem irrelevant or inexpedient. Any member has the right to ask for the reading of papers for the information of the assembly, but if an objection is raised, the decision is rendered by the Chair subject to appeal to the assembly. It is in order for the mover of a question which is before the assembly to withdraw it or substitute another in its place, if no one objects. If objection is made, it is necessary to obtain leave to withdraw or substitute, which may be done by motion. Such a motion is neither debatable nor amendable. A motion to suspend the rules is one of the important incidental motions. Like the others of its kind, it cannot be debated or amended. It cannot be renewed at the same meeting for the same purpose, nor is it allowable except for a definite purpose, and then only by a two-thirds vote.

Another class of motions are those which are commonly known as privileged questions. They take precedence of all other questions, and are not open to debate except when they relate to the rights of the assembly or of its members. Privileged questions include motions to fix a time for adjournment, to adjourn, motions relative to rights and privileges of the assembly or of its members, and the call for the orders of the day. The motion to fix a day for adjournment takes precedence of all other privileged motions, and is in order even after the assembly has voted to adjourn, provided the chairman has not announced the result of the vote. Next in precedence is the motion to adjourn. This motion is neither debatable, amendable, nor open to reconsideration after a vote has been taken. If the adjournment does not close the session, all unfinished business has precedence over new business at the next meeting, and is treated as if there had been no adjournment. If the adjournment closes the session, and the next session is that of a new assembly, an end is put to all business unfinished at the close of the session, and it can be brought before the assembly only by being reintroduced. Questions of privilege are decided by the presiding officer, subject to the right of any two members to appeal from the decision. The assignment of one or more subjects to a particular day constitutes the orders of the day, and they are not open to consideration before that time except by a two-thirds vote. The orders of the day are classified as special and general, the former always taking precedence of the latter. A special order involves suspension of all rules that interfere with its consideration at the time specified, and it therefore requires a two-thirds vote to make any question a special order. The effect of an affirmative vote is to withdraw the question then under consideration as though an adjournment had happened. It is in order at any time, even though the floor is already occupied, to move a reconsideration of a previous vote on any measure, unless another question is before the assembly at the time. Unless the vote is by ballot, the motion to reconsider must be made by a member of the prevailing side, and only on the day the vote was taken which it is proposed to consider. No question can be twice reconsidered, and a motion to reconsider cannot be amended, although it is debatable, and when debated it opens up for discussion the entire subject to be reconsidered. If the motion to reconsider is carried, the original question is in the condition it was in before the first vote was taken, and must be disposed of as if it had never been voted on. No one can debate the question reconsidered who had previously exhausted his right of debate on the question, although it is allowable to discuss it while the motion to reconsider is before the assembly.

The preliminary work of deliberative bodies is usually prepared by means of conmiittees. These may be standing committees appointed for a definite time, select committees appointed for a special purpose, and committees of the whole consisting of the entire assembly. The first person named on a committee is usually the chairman, whose duty it is to call the committee together. A committee may facilitate its labors by the appointment of a subcommittee of its own membership. A committee report is usually made by the chairman, is signed by the members and delivered to the clerk. In case of disagreement among the members, there may be a majority and a minority report. The report of the majority is the report of the committee, and it may be adopted by the assembly, rejected, or recommitted. After the report has been adopted, the question is open to amendment as if there had been no committee report. An assembly may go into ‘committee of the whole’ for the consideration of a subject which it does not wish to refer to a committee, but which it is desired to consider with the freedom and informality which characterizes the procedure of committees. When this is done, the presiding officer calls another member to the chair and takes his place as a member of the committee. During the consideration by committee of the whole no motions are in order except to amend and adopt, or that the committee ‘rise and report.’ Debate may be without limit unless the assembly votes that debate in committee shall cease at a certain time, and until then any member may speak as often as he can get the floor if no one else who has not had an opportunity to speak on the question claims it. When the debate is concluded, a motion is made that ‘the committee rise and report.’ This motion is always in order and is undebatable. When it is adopted, the presiding officer of the assembly resumes the chair, while the chairman of the committee, having resumed his place in the assembly, reports to the Chair the decision of the committee. Like other committees, the committee of the whole has no power to alter the text of any resolution referred to it. It is the practice of many deliberative assemblies to consider certain questions ‘informally’ without going into committee of the whole, a procedure which is not very different from that of committee of the whole. This is the practice of the United States Senate in the consideration of measures on their second reading.

Debate upon a motion begins after it has been

Vol. XV.— 25.